Does the principle of "buyer beware" generally apply to home sales?

British Columbia, Canada


The following excerpt is from Huang v. Dumonceaux, 2022 BCCRT 105 (CanLII):

13. The principle of “buyer beware” generally applies to home sales. A buyer is required to make reasonable pre-purchase enquiries about the property. Exceptions include negligent or fraudulent misrepresentations and the seller’s duty to disclose known latent defects (see Nixon v. MacIver, 2016 BCCA 8).

14. A latent defect is one that a buyer cannot discover through reasonable inspection and includes defects which make the property unfit or dangerous for living. Patent defects can be discovered through inquiry or reasonable inspection. A seller does not have to disclose patent defects to a buyer but cannot actively conceal them (see Cardwell v. Perthen, 2007 BCCA 313).

Other Questions


Does the principle of “buyer beware” apply to a private used vehicle sale? (British Columbia, Canada)
Does the principle of buyer beware apply to real estate purchases? (British Columbia, Canada)
What is the law around the principle of buyer beware in used vehicle sales? (British Columbia, Canada)
Does the principle of "buyer beware" apply to this type of product? (British Columbia, Canada)
Is fraudulent misrepresentation an exception to the general principle “let the buyer beware”? (British Columbia, Canada)
What is the legal test for the “buyer beware” principle? (British Columbia, Canada)
What is the law around “buyer beware” in the context of a private sale? (British Columbia, Canada)
What are the general principles to apply to a division of half interest in a long-term relationship? (British Columbia, Canada)
What is the test for a general release under which a plaintiff agrees to reduce support in exchange for receiving the proceeds of the sale of a house sale proceeds? (British Columbia, Canada)
How have the principles of tortfeasor's law been interpreted in the context of the case law, and what are the principles with respect to animals generally? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.